Quackenbush

This is an appeal by the defendant from an order denying its motion for a new trial. The action was brought by the plaintiffs to recover damages for injuries sustained by the plaintiff Jennie Quackenbush, caused by collision between a street-ear of the defendant and an automobile in which plaintiffs were riding. Immediately preceding the moment of the accident both vehicles were moving northward on Moneta Avenue in the city of Los Angeles. Defendant denied the negligence alleged against it and also set up the separate defense that the plaintiffs were guilty of contributory negligence. As these issues were decided in favor of the plaintiffs upon conflicting evidence, the appellant does not seriously contend for a disturbance of the verdict on account of insufficiency of the evidence.

The errors claimed by the appellant and relied upon by it consist in rulings of the court which limited the cross-examination of the plaintiff R. B. Quackenbush and of certain other witnesses, and it is further claimed that some of the instructions given to the jury were erroneous; all of which it is claimed were seriously prejudicial to the defendant and prevented it from having a fair trial.

The…